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IVORY v. STATE

No. 62837.

632 S.W.2d 614 (1982)

Theodore James IVORY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

May 19, 1982.

Attorney(s) appearing for the Case

Roy W. Smith, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty. and Calvin A. Hartmann, and Ken Levi, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before ODOM, DALLY and McCORMICK, JJ.

OPINION

ODOM, Justice.

This is an appeal from a conviction for aggravated robbery. Punishment was assessed at forty years.

We note that the jury charge in this case is fundamentally defective. The indictment alleged two counts of aggravated robbery against two different complaining witnesses. The first count alleged an aggravated robbery of Amos Miles. The second count alleged an aggravated robbery of Johnny Barnes. Trial was conducted on one count...

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